City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING May 15, 2012 I. CALL TO ORDER Mayor Hafen called the Regular Meeting to order at 7:03 p.m., in the City Council Chambers, City Hall, 240 Water Street, Henderson, Nevada 89015. II. CONFIRMATION OF POSTING AND ROLL CALL The Assistant City Clerk confirmed the Regular Meeting had been noticed in compliance with the Open Meeting Law by posting the Agenda three working days prior to the meeting at City Hall, the Multigenerational Center, the Whitney Ranch Recreation Center, and Fire Station No. 86, and by mailing a copy of the Agenda to everyone appearing thereon on the Agenda Master Mailing List. Present: Andy Hafen, Mayor Sam Bateman, Councilman Debra March, Councilwoman John F. Marz, Councilman Gerri Schroder, Councilwoman Absent: None Officers: Jacob L. Snow, City Manager Josh M. Reid, City Attorney Absent: Sabrina Mercadante, City Clerk Staff: Stacey Brownfield, Assistant City Clerk Robert Murnane, Public Works Director Stephanie Garcia-Vause, Director of Community Development Richard Derrick, Finance Director Tedie Jackson, Minutes Clerk Jonathon Nunes, Council and Commission Services Coordinator III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Tracy Foutz, Deputy Director of Community Development, and was followed by the Pledge of Allegiance. Henderson City Council Regular Meeting Page 2 of 23 May 15, 2012 – Minutes IV. ACCEPTANCE OF AGENDA (Motion) Councilwoman Gerri Schroder moved to accept the agenda as amended: There is a slight change on the disclosure form for CA-3. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. V. PRESENTATIONS PR-1 PRESENTATION VFW POST 3848 CITY COUNCIL Presentation of Veterans of Foreign Wars Post 3848 Awards to Detective Brent Wagner and Detective Craig Ridings for Top Law Enforcement Officers of the Year, and to Captain William Rotroff and Fire Fighter/Paramedic Matthew Off for Top Firefighters of the Year. (Action) City Manager Snow read the presentation of the Veterans of Foreign Wars Post 3848 Awards to Detective Brent Wagner and Detective Craig Ridings for Top Law Enforcement Officers of the Year, and to Captain William Rotroff and Fire Fighter/Paramedic Matthew Off for Top Firefighters of the Year, which were presented to them by the Mayor and Council and Tony Thomas from the Veterans of Foreign Wars Post 3848. PR-2 PROCLAMATION NATIONAL PUBLIC WORKS WEEK COMMUNICATIONS AND COUNCIL SUPPORT/PUBLIC WORKS DEPARTMENT Proclamation declaring May 20 - 26, 2012 as National Public Works Week. (Action) City Manager Snow read the proclamation declaring May 20-26, 2012, as National Public Works Week, which was presented to the American Public Works Association (APWA) Nevada Chapter by the Mayor and Council. Mark Hobaica, City Architect; and Michael Mamer, APWA, accepted the proclamation. Henderson City Council Regular Meeting Page 3 of 23 May 15, 2012 – Minutes Note: Mayor Hafen recognized Mrs. Fowler’s 4th grade class from Treem Elementary School celebrating completion of Nevada Citizenship Award. VI. CONSENT AGENDA CA-3 DISCLOSURE OF INTEREST IN REDEVELOPMENT AREA JACOB SNOW, CITY MANAGER CITY CLERK'S OFFICE Jacob Snow, City Manager, submits his Disclosure of Interest in Redevelopment Area, pursuant to NRS 279.454, Interest in property included in redevelopment area forbidden; disclosure of interest; exception. (Motion) Councilwoman Debra March moved to accept and enter into the record of May 15, 2012, the required Disclosure of Interest in the Redevelopment Agency form submitted by Jacob Snow, City Manager, pursuant to NRS 279.454. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-4 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS MAY 1, 2012 CITY CLERK'S OFFICE City of Henderson City Council Committee and Regular Meeting minutes of May 1, 2012. (Motion) Councilwoman Debra March moved to adopt the Committee and Regular Meeting minutes of May 1, 2012. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-5 CASH REQUIREMENTS REGISTER MARCH 29, 2012, THROUGH APRIL 25, 2012 FINANCE DEPARTMENT Cash requirements register for the period of March 29, 2012, through April 25, 2012, in the amount of $19,503,747.20. Henderson City Council Regular Meeting Page 4 of 23 May 15, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the Cash Requirements Register for the period of March 29, 2012, through April 25, 2012, in the amount of $19,503,747.20. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-6 AGREEMENT FINANCIAL ADVISORY SERVICES FINANCE DEPARTMENT Agreement between the City of Henderson and Zions Bank Public Finance, for financial advisory services regarding Sewer Refunding Bonds, in an amount not-to-exceed $152,000.00, and authorize the City Manager to execute the agreement and any subsequent amendments. (Motion) Councilwoman Debra March moved to approve the agreement between the City of Henderson and Zions Bank Public Finance, for financial advisory services, in an amount not-to-exceed $152,000.00, and authorize the City Manager to execute the agreement and any subsequent amendments. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-7 AGREEMENT ENVIRONMENTAL FEES REIMBURSEMENT LANDWELL COMPANY, L.P. ECONOMIC DEVELOPMENT/REDEVELOPMENT Environmental Fees Reimbursement Agreement between the City of Henderson, City of Henderson Redevelopment Agency, and the LandWell Company, L.P., to reimburse the City for attorney fees for advice and assistance with environmental issues, in the amount of $3,948,896.00, along with interest of three percent (3%) compounded annually. Henderson City Council Regular Meeting Page 5 of 23 May 15, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the Environmental Fees Reimbursement Agreement between the City of Henderson, City of Henderson Redevelopment Agency, and the LandWell Company, L.P., to reimburse the City for attorney fees for advice and assistance with environmental issues, in the amount of $3,948,896.00, along with interest of three percent (3%) compounded annually. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-8 AGREEMENT SEWER MAIN THE LANDWELL COMPANY, L.P. ECONOMIC DEVELOPMENT/REDEVELOPMENT Sewer Main Agreement between the City of Henderson, the City of Henderson Redevelopment Agency, and the LandWell Company, L.P., for reimbursement to the City for the sewer main's total proportionate cost in the total amount of $558,522.94. (Motion) Councilwoman Debra March moved to approve the Sewer Main Agreement between the City of Henderson, the City of Henderson Redevelopment Agency, and the LandWell Company, L.P., for reimbursement to the City for the sewer main's total proportionate cost in the total amount of $558,522.94. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-9 TERMINATION OF AGREEMENT LAND SALE TO THE LANDWELL COMPANY ATHENS ROAD AND RACETRACK ROAD ECONOMIC DEVELOPMENT/REDEVELOPMENT Land Sale Termination Agreement terminating the land sale agreement between the City of Henderson and The LandWell Company, L.P. originally approved by City Council on November 15, 2005, for approximately 24.61 acres, with the City retaining the non-refundable deposit of $422,984.00 paid by The LandWell Company, L.P. and transfer the non-refundable deposit of $422,984.00 from the Land Fund into the General Fund. Henderson City Council Regular Meeting Page 6 of 23 May 15, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the Land Sale Termination Agreement terminating the land sale agreement between the City of Henderson and The LandWell Company, L.P., originally approved by City Council on November 15, 2005, for approximately 24.61 acres, with the City retaining the non-refundable deposit of $422,984.00 paid by The LandWell Company, L.P., and transfer the non-refundable deposit of $422,984.00 from the Land Fund into the General Fund. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-10 EXTENDED MAINTENANCE AGREEMENT IN-CAR VIDEO SYSTEM HARDWARE AND COMPONENTS L-3 COMMUNICATIONS MOBILE-VISION, INC. CMTS NO. 123-12-12 DEPARTMENT OF INFORMATION TECHNOLOGY Extended Maintenance Agreement between the City of Henderson and L-3 Communications Mobile-Vision, Inc. for maintenance and support of in-car video system hardware and components, for four consecutive one-year renewal periods, with first year costs totaling $47,630.00, second year costs totaling $55,130.00, third year costs totaling $66,380.00, fourth year costs totaling $81,380.00, and the total cost for the four-year period not to exceed $260,000.00. (Motion) Councilwoman Debra March moved to approve the Extended Maintenance Agreement between the City of Henderson and L-3 Communications Mobile-Vision, Inc. for maintenance and support of in-car video system hardware and components, for four (4) consecutive one-year renewal periods, with first year costs totaling $47,630.00, second year costs totaling $55,130.00, third year costs totaling $66,380.00, fourth year costs totaling $81,380.00, and the total cost for the four-year period not to exceed $260,000.00. Also authorize the City Manager to execute the Agreement. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 7 of 23 May 15, 2012 – Minutes CA-11 AMENDMENT NO. 4 ENGINEERING SERVICES AGREEMENT UNION PACIFIC RAILROAD (UPRR) TRAIL PROJECT CMTS NO. 131-11-PR-157-006 PUBLIC WORKS DEPARTMENT/PARKS AND RECREATION Amendment No. 4 to the Southern Nevada Public Lands Management Act (SNPLMA) Union Pacific Railroad (UPRR) Trail Phase III Project Engineering Services Agreement between the City of Henderson and GC Wallace, for additional design services in the total amount of $545,000.00. (Motion) Councilwoman Debra March moved to approve Amendment No. 4 to the Southern Nevada Public Lands Management Act (SNPLMA) Union Pacific Railroad (UPRR) Trail Phase III Project Engineering Services Agreement between the City of Henderson and GC Wallace, for additional design services in the total amount of $545,000.00 and authorize the City Manager to execute the agreement for the City. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-12 AMENDMENT III JUSTICE FACILITY INTERLOCAL LEASE AGREEMENT REMODEL ONE COURTROOM CMTS NOS. 131-11-MF-176-001 PUBLIC WORKS DEPARTMENT Amendment No. III to the Interlocal Lease Agreement between the City of Henderson and Clark County for a remodel to Department 3 Courtroom No. 1, at a cost not to exceed $50,766.00, to be paid by Clark County. (Motion) Councilwoman Debra March moved to approve Amendment No. III to the Interlocal Lease Agreement between the City of Henderson and Clark County for a remodel to Department 3 Courtroom No. 1, at a cost not to exceed $50,766.00, to be paid by Clark County. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 8 of 23 May 15, 2012 – Minutes CA-13 AWARD INVITATION FOR BIDS (IFB) 110-12 GROUNDS MAINTENANCE EQUIPMENT PARKS AND RECREATION Award Invitation for Bids (IFB) 110-12, Grounds Maintenance Equipment, to H&E Equipment for Lots 4 and 5, Golf Ventures West for Lots 3,7,10,11,13, and APCO Equipment for Lot 1, in the total amount of $189,280.28. (Motion) Councilwoman Debra March moved to award Invitation for Bids (IFB) 110-12, Grounds Maintenance Equipment, to H&E Equipment for Lots 4 and 5, Golf Ventures West for Lots 3,7,10,11,13, and APCO Equipment for Lot 1, in the total amount of $189,280.28. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-14 ANNUAL CONTRACT RENEWAL CISCO BRAND EQUIPMENT MOUNTAIN STATES NETWORKING CMTS NO. 123-12-14 DEPARTMENT OF INFORMATION TECHNOLOGY Renewal of annual software licensing and hardware support services for Cisco brand equipment for an additional year as reflected on the April 6, 2012 quote provided by Mountain States Networking, commencing May 1, 2012, and running through April 30, 2013, in the total amount of $450,739.24. (Motion) Councilwoman Debra March moved to approve the renewal of annual software licensing and hardware support services for Cisco brand equipment with Mountain States Networking for the period May 1, 2012, through April 30, 2013, in the total amount of $450,739.24. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 9 of 23 May 15, 2012 – Minutes CA-15 CHANGE ORDER NO. 7 DETENTION CENTER EXPANSION CMTS NO. 131-08-MF-058-002 PUBLIC WORKS DEPARTMENT Change Order No. 7 to the Detention Center Expansion between the City of Henderson and Sletten Construction, for a contract extension to implement noise mitigation improvements at the Detention Center, in the total amount of $190,677.00 (Motion) Councilwoman Debra March moved to approve Change Order No. 7 to the Detention Center Expansion between the City of Henderson and Sletten Construction, for a contract extension to implement noise mitigation improvements at the Detention Center, in the total amount of $190,677.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-16 EQUIPMENT PURCHASE MOBILE LAPTOP COMPUTERS CMTS NO. 123-12-15 DEPARTMENT OF INFORMATION TECHNOLOGY Purchase of mobile laptop computers for City of Henderson public safety use from one or more authorized Western States Contracting Alliance (WSCA) resellers, in accordance with NRS 332.195, Joinder or mutual use of contracts by governmental entities, in the total amount not to exceed $523,000.00. (Motion) Councilwoman Debra March moved to approve the purchase of mobile laptop computers for City of Henderson public safety use from one or more authorized Western States Contracting Alliance (WSCA) resellers, in accordance with NRS 332.195, Joinder or mutual use of contracts by governmental entities, in the total amount not to exceed $523,000.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 10 of 23 May 15, 2012 – Minutes CA-17 MUNICIPAL TREASURER REPORT DELINQUENT ASSESSMENT DISTRICT SALE FINANCE DEPARTMENT Municipal Treasurer Report concerning the April 24, 2012, Delinquent Assessment District Sale. (Motion) Councilwoman Debra March moved to accept the Municipal Treasurer Report concerning the April 24, 2012, Delinquent Assessment District Sale. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-18 NOTICE OF SALE OF PROPERTIES FOR DELINQUENT ASSESSMENTS LOCAL IMPROVEMENT DISTRICT (LID) CO-21 FINANCE DEPARTMENT Notice of Sale of Properties for Delinquent Assessments in Local Improvement District (LID) CO-21, set date of the sale for October 23, 2012, and accelerate the assessment amounts due so that the entire remaining balance becomes due and payable as permitted by NRS 271.545. (Motion) Councilwoman Debra March moved to approve the Notice of Sale of Properties for Delinquent Assessments in Local Improvement District (LID) CO-21, set the date of the sale for October 23, 2012, and accelerate the assessment amounts due so that the entire remaining balance becomes due and payable as permitted by NRS 271.545. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-19 GRANT OF EASEMENT NEVADA POWER COMPANY, DBA NV ENERGY PUBLIC WORKS DEPARTMENT Approval of an Easement to Nevada Power Company, a Nevada corporation, dba NV Energy, on City-owned land APN: 161-34-801-005 in the South Half (S 1/2) of Section 34, Township 21 South, Range 62 East, M.D.M., generally located east of US 93/95/I-515 between Galleria Drive and Russell Road. Henderson City Council Regular Meeting Page 11 of 23 May 15, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve an Easement to Nevada Power Company, a Nevada corporation, dba NV Energy, on City-owned land APN: 161-34-801-005 in the South Half (S 1/2) of Section 34, Township 21 South, Range 62 East, M.D.M., generally located east of US 93/95/I-515 between Galleria Drive and Russell Road. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-20 BUSINESS LICENSE LIQUOR, GAMING AND MASSAGE WESTIN LAKE LAS VEGAS RESORT APPLICANT: ARL LAKE LAS VEGAS MANAGEMENT LLC Ratification of administrative approval for the Full Liquor Off-Sale, Full Liquor On-Sale, Catering Liquor and Massage Establishment business licenses for ARL Lake Las Vegas Management LLC, dba Westin Lake Las Vegas Resort and Spa, 101 Montelago Boulevard, Henderson, Nevada 89011. (Motion) Councilwoman Debra March moved to ratify administrative approval for the Full Liquor Off-Sale, Full Liquor On-Sale, Catering Liquor and Massage Establishment business licenses for ARL Lake Las Vegas Management LLC, dba Westin Lake Las Vegas Resort and Spa, 101 Montelago Boulevard, Henderson, Nevada 89011. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-21 BUSINESS LICENSE PSYCHIC ARTS MYSTIC MIND BOOKS & CAFE APPLICANT: MARY ROSE-ROSE ENTERPRISES L.L.C. Application for Psychic Arts business license for Mary Rose-Rose Enterprises L.L.C. dba Mary E Dunn, dbat Mystic Mind Books & Cafe, 2841 North Green Valley Parkway, Henderson, Nevada 89014. Henderson City Council Regular Meeting Page 12 of 23 May 15, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the application for Psychic Arts business license for Mary Rose-Rose Enterprises L.L.C. dba Mary E Dunn, dbat Mystic Mind Books & Cafe, 2841 North Green Valley Parkway, Henderson, Nevada 89014. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-22 BUSINESS LICENSE RESTAURANT WITH BAR AND RESTRICTED GAMING HISCORES APPLICANT: RADMAN HOSPITALITY, LLC Application for Restaurant with Bar and Restricted Gaming business licenses for Radman Hospitality, LLC, dba HiScores, 65 Stephanie Street, Henderson, Nevada 89012. (Motion) Councilwoman Debra March moved to approve the application for Restaurant with Bar and Restricted Gaming business licenses for Radman Hospitality, LLC, dba HiScores, 65 Stephanie Street, Henderson, Nevada 89012, pending payment of fees, proof of registration with the Nevada Department of Taxation, proof of workmens compensation coverage, State Gaming, Southern Nevada Health District and required department approvals. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-23 BUSINESS LICENSE TAVERN AND RESTRICTED GAMING THE PLAYERS CLUB APPLICANT: RADMAN HOSPITALITY, LLC Application for Tavern and Restricted Gaming business licenses for Radman Hospitality, LLC, dba The Players Club, 75 Stephanie Street, Henderson, Nevada 89012. Henderson City Council Regular Meeting Page 13 of 23 May 15, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the application for Tavern and Restricted Gaming business licenses for Radman Hospitality, LLC, dba The Players Club, 75 Stephanie Street, Henderson, Nevada 89012, pending payment of fees, proof of registration with the Nevada Department of Taxation, proof of workmen’s compensation coverage, State Gaming, Southern Nevada Health District and required department approvals. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. VII. PUBLIC HEARINGS PH-24 PUBLIC HEARING CITY OF HENDERSON 2012/2013 BUDGET FINANCE DEPARTMENT City of Henderson 2012/2013 Budget. Mayor Hafen opened the public hearing at 7:28 p.m., asking if there was anyone present wishing to speak for or against this item. Via PowerPoint presentation, Richard Derrick, Finance Director, reviewed financial strengths, financial challenges, assessed valuation, property tax revenue, consolidated tax, accomplishments, and provided an overview for fiscal year 2013. He stated that the budget has been available for public review since April 15, 2012, and the Department of Taxation found it to be in compliance with the Nevada Revised Statutes and appropriate regulations. Councilwoman March thanked the Finance Department for their hard work and the monthly updates they provide to the Council. She also complimented the City employees for their leadership in helping to solve the financial shortfalls. Responding to a question by Councilwoman Schroder regarding if the budget will be affected by the consolidated tax formula if Laughlin becomes a city, Mr. Derrick said the department of taxation is working through that issue; however, staff does not believe it will impact the City of Henderson. Councilman Marz stated that the Finance Department and the City Manager have done a remarkable job in anticipating the needs and financial resources of the City. He pointed out that the City’s current revenue is the same as the City’s budget in 2005, and asked about the increase in population between 2005 and 2012 in Henderson. He also said it is important to realize that the level of service has been maintained and property taxes have not been increased. Councilman Marz also thanked staff for their hard work. Henderson City Council Regular Meeting Page 14 of 23 May 15, 2012 – Minutes Mr. Derrick replied that the population increased by approximately 130,000 people between those years. He said property taxes have decreased by approximately 33 percent in the last five years. Responding to questions by Councilman Bateman regarding consolidated tax issues, Mr. Derrick said the economic downturn has exposed weaknesses in the consolidated tax formula that need to be addressed. He estimated possibly an increase of $1 to $2 million to the City. He explained that the tax structure is about 30 percent goods and 60 percent services but the tax base is still based on goods. He noted that possibly lowering the tax rate on goods may help to stabilize the tax base, which would help all local governments in the state. Councilman Bateman commented that the City cannot rely on this money to provide any increase in revenue for the immediate future. He asked how staff is planning to balance the budget with an operating deficit of $13.5 million. Mr. Derrick replied that the City has a requirement to maintain a balance of 8.3 percent of revenue in the general operating fund, which amounts to $16 million. The City also has $16 million set aside in the budget stabilization fund. He said the City has built up $52 million in reserves outside of the general fund, which is the money staff will draw from if needed. Councilman Marz said he thinks the Council needs to be very open minded that if the economy does not improve and the City’s revenue stream does not improve, the Council may need to ask the citizens to pay a little more or their services will be reduced. There being no one else wishing to speak, the public hearing was closed at 7:50 p.m. Mayor Hafen stated that he receives many comments that this City is well managed and fiscally conservative. He complimented the City Manager, the executive team, all employees, and the labor groups for their hard work and effort to make it through this economic challenge. (Motion) Mayor Andy Hafen moved to adopt the tentative budget, as amended, as the City of Henderson's Final Budget for Fiscal Year 2012/2013, including recommended staffing changes. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 15 of 23 May 15, 2012 – Minutes PH-25 PUBLIC HEARING APPEAL AP-03-12 FOR CUP-11-500168-A3 CORAL ACADEMY OF SCIENCE APPLICANT: CORAL ACADEMY OF SCIENCE - LAS VEGAS APPELLANT: WAYNE JONES Appeal of the Planning Commission's decision to approve the request to amend a conditional use permit to modify conditions of approval for student and faculty counts, located at 2150 East Windmill Lane, in the Green Valley North Planning Area. Stephanie Garcia-Vause, Director of Community Development, presented a summary of this item. Mayor Hafen opened the public hearing at 7:53 p.m., asking if there was anyone present wishing to speak for or against this item. Wayne Jones, appellant, 2112 Rhonda Terrace, expressed concern regarding traffic management at the Coral Academy of Science. He stated that the traffic congestion is chaotic in the morning and afternoon hours during drop off and pick up times. He noted that the posted signs cannot be seen by automobile drivers making the U-turn going into the school. He asked that this area be further monitored to address the safety concerns. He noted that there are no crossing guards nor school buses. Mr. Jones submitted photographs into the record. Responding to a question by Councilman Bateman as to whether the appeal is to the increase in the number of students to 352, Mr. Jones replied that he would not like to see an increase in the number of students unless the traffic congestion is addressed. Rudy Starks, DLR Architecture, 6775 Edmon Street, Clark County, clarified that there are currently 352 students at the school, so the number of students would not increase. He stated that they complied with all the requirements imposed by staff and will meet with the adjacent neighbors to review what mitigation efforts they have done. Councilman Marz commented that he has witnessed the traffic congestion at this school as well as parents making illegal turns and creating the problems. He believes the applicant has done everything they were asked to do; however, those efforts are not working very well. He suggested that the parents at Coral Academy should take responsibility of these traffic issues. Councilwoman Schroder said traffic issues exist at all schools and she recommended that the Coral Academy contact the Look Out Kids About organization to schedule an assembly to help educate the parents. Henderson City Council Regular Meeting Page 16 of 23 May 15, 2012 – Minutes John Penuelas, City Traffic Engineer, reviewed the changes staff made per the traffic study recommendations. He noted that the City has restricted the parking on the north side of Windmill Parkway to create a continuous queue of parents dropping off and picking up their children. He acknowledged that crossing guards are not provided for this school. Mr. Penuelas said although teachers are not allowed to carry stop signs to direct traffic, it is conceivable that a parent could gather groups of children together and walk them across the street safely. Responding to a question by Councilman Marz as to whether the situation would be relieved if the student counts were reduced by 46 students, Mr. Penuelas said no. Councilwoman March asked if the Coral Academy could pay the police department to provide crossing guards, and Mr. Penuelas replied that it is possible for off-duty police officers to be hired as crossing guards. Feyzi Tandogan, Executive Director of the Coral Academy, said they were told by the police department that they could not hire someone as a crossing guard. Councilman Marz asked staff to research why crossing guards have not been assigned to this school. Bernadette Lowe-Miller, 2400 Indian Pony Court; Amanda Perkins, 1027 Secluded Acres Court; and Michael Dandridge, 1020 Triumphant Street, voiced their support for the Coral Academy conditional use permit. There being no one else wishing to speak, the public hearing was closed at 8:34 p.m. (Motion) Councilwoman Gerri Schroder moved to support the Planning Commission's decision of approval for one year, maintain the 352 students, and staff shall collect correspondence from Contact Henderson and police reports regarding traffic issues, and the City Attorney’s office will report on availability of crossing guards at this school; therefore, Appeal No. AP-03-12 for CUP-11-500168-A3 is denied. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. Henderson City Council Regular Meeting Page 17 of 23 May 15, 2012 – Minutes D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. 2. Applicant shall submit a traffic analysis to address traffic concerns and to determine the proportionate share of this development's local participation in the cost of traffic signals and/or intersection improvements and dedicate any necessary right-of-way. DEPARTMENT OF UTILITY SERVICES CONDITION 3. Applicant may be responsible for additional utility fees in accordance with the proposed use category and the Department of Utility Services' requirements. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 4. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 5. Applicant shall comply with all conditions of approval for U-12-93. All conditions of Architectural Review (AR-84-92 and AR-85-92) shall apply to this site and use. 6. The maximum enrollment shall be 352 students for the elementary school facilities, 160 students for the preschool, and 34 staff. Any increase in the size of the facility, staff, or student population shall require an amendment to this use permit. (Amended A3) 7. The applicant shall comply with the conditions in the Master Traffic Impact Analysis 2011-74-0013 within 30 days of the effective date of approval. (A2 and A3) 8. Non-compliance with the conditions in the Master Traffic Impact Analysis 2011-74-0013, may cause revocation of the conditional use permit. (A2 and A3) Henderson City Council Regular Meeting Page 18 of 23 May 15, 2012 – Minutes 9. Applicant to apply for barricade permits for cones and signs to eliminate the left-hand turn during school hours. 10. This conditional use permit for a school shall lapse on May 15, 2013, unless the use is reviewed and extended by City Council. At the time this use permit is reviewed, staff shall submit a report to city Council that includes all Contact Henderson cases pertaining to the school and its operation. The report shall also include a summary of all police cases pertaining to traffic incidents occurring at or adjacent to the school. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. PH-26 PUBLIC HEARING ACCEPT PUBLIC COMMENT ISSUANCE OF BONDS FOR CORAL ACADEMY OF SCIENCE APPLICANT: CITY ATTORNEY'S OFFICE/CORAL EDUCATION CORPORATION-SANDY RIDGE LLC Accept public comment on the issuance of bonds by the Public Finance Authority pursuant to a plan of finance by the Coral Education Corporation – Sandy Ridge LLC. Mayor Hafen opened the public hearing at 8:40 p.m., asking if there was anyone present wishing to speak for or against this item. Josh Reid, City Attorney, noted that this deals with a different campus. There being no one else wishing to speak, the public hearing was closed at 8:41 p.m. (Motion) Mayor Andy Hafen moved to accept public comment on the issuance of bonds by the Public Finance Authority pursuant to a plan of finance by the Coral Education Corporation, Sandy Ridge, LLC. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz. Those voting nay: None. Those absent: Gerri Schroder. Those abstaining: None. Mayor Hafen declared the motion carried. Note: Although the voting display showed that Councilwoman Schroder abstained, the vote has been changed to correctly reflect that she was absent. Henderson City Council Regular Meeting Page 19 of 23 May 15, 2012 – Minutes VIII. PUBLIC COMMENT Note: Public Comment was heard at the end of the meeting. LaMonica Harris, 10260 Spencer Street, No. 1054, Las Vegas filled out a speaker card saying the following: Jesus wanted me to be here today to listen to what will be given to me. IX. UNFINISHED BUSINESS UB-27 RESOLUTION SUPPORT FOR DEVELOPMENT OF NEVADA’S CLEAN ENERGY ECONOMY COMMUNITY DEVELOPMENT/ECONOMIC DEVELOPMENT/REDEVELOPMENT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, EXPRESSING SUPPORT FOR CLEAN ENERGY PROJECT AND DEVELOPMENT OF NEVADA’S CLEAN ENERGY ECONOMY. (Continued from April 17, 2012) Stephanie Garcia-Vause, Community Development Director, stated that Lydia Ball, representing the Clean Energy Project, was in an accident and cannot attend this meeting. Staff recommends continuing this item to June 5, 2012. (Motion) Mayor Andy Hafen moved to continue to June 5, 2012, at the request of staff. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. UB-28 APPOINTMENT HENDERSON SPACE AND SCIENCE CENTER BOARD CITY CLERK'S OFFICE One appointment to the Henderson Space and Science Center Board to fill a vacancy left by Beverly Rogers, with term to expire February 15, 2013. Henderson City Council Regular Meeting Page 20 of 23 May 15, 2012 – Minutes (Motion) Mayor Andy Hafen moved to appoint Lonnie Hammargren to the Henderson Space and Science Center Board with term to expire February 15, 2013. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. UB-29 BILL NO. 2671 ZCO-04-670012-14 LADERA VILLAS APPLICANT: CITY OF HENDERSON COMMUNITY DEVELOPMENT Mayor Hafen introduced Bill No. 2671 and City Manager Calhoun read the Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED SOUTH OF WIGWAM PARKWAY AND EAST OF ARROYO GRANDE BOULEVARD TO AMEND A ZONE CHANGE WITH OVERLAY DELETING CONDITION OF APPROVAL NO. 26 OF THE THIRD AMENDED ZONE CHANGE, AND OTHER MATTERS RELATING THERETO. (Motion) Councilman Sam Bateman moved to adopt Bill No. 2671 as Ordinance No. 2965. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. X. NEW BUSINESS NB-30 CITY OF HENDERSON ALL-HAZARD EMERGENCY OPERATIONS PLAN 2012 UPDATE FIRE DEPARTMENT Approval of the 2012 Update of the City of Henderson All-Hazard Emergency Operations Plan (EOP). Henderson City Council Regular Meeting Page 21 of 23 May 15, 2012 – Minutes Steve Goble, Henderson Fire Chief, presented a summary of this item and noted that the plan details specific emergency support functions. This document is a revision of the 2006 plan, and the updated version meets all federal, state, and local requirements. This plan will be used as a foundation for future planning, training and operations in support of the emergency management responsibilities for the city. Regarding a comment by Councilman Bateman about a mock exercise, Mr. Goble said staff has exercised against this plan to ensure it works properly. Councilwoman Schroder thanked staff for the detailed outline of the plan so it is easily understandable. (Motion) Mayor Andy Hafen moved to approve the 2012 Update of the City of Henderson All-Hazard Emergency Operations Plan (EOP). The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-31 APPOINTMENT (MAYOR HAFEN) BLUE RIBBON COMMISSION ON EDUCATIONAL EXCELLENCE AND YOUTH OPPORTUNITY CITY CLERK'S OFFICE One appointment by Mayor Hafen to the Blue Ribbon Commission on Educational Excellence and Youth Opportunity with term to expire July 31, 2013. (Motion) Mayor Andy Hafen moved to appoint Alec Rogers to the Blue Ribbon Commission on Educational Excellence and Youth Opportunity, with term to expire July 31, 2013. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-32 RESOLUTION ISSUANCE OF BONDS CORAL ACADEMY OF SCIENCE APPLICANT: CORAL EDUCATION CORPORATION-SANDY RIDGE LLC/CITY ATTORNEY'S OFFICE Mayor Hafen introduced Resolution No. 4043 and City Manager Snow read the Resolution by Title: Henderson City Council Regular Meeting Page 22 of 23 May 15, 2012 – Minutes A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA APPROVING THE ISSUANCE OF BONDS BY THE PUBLIC FINANCE AUTHORITY. (Motion) Councilwoman Gerri Schroder moved to adopt as Resolution No. 4043. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-33 BILL NO. 2672 GENERAL OBLIGATION SEWER REFUNDING BONDS FIRST READING SERIES 2012A FINANCE DEPARTMENT Mayor Hafen introduced Bill No. 2672 and City Manager Calhoun read the Bill by title: AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF ITS GENERAL OBLIGATION (LIMITED TAX) SEWER REFUNDING BONDS (ADDITIONALLY SECURED BY PLEDGED REVENUES), SERIES 2012A, FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING BONDS OF THE CITY; PROVIDING FOR THE FORM, TERMS, CONDITIONS AND SALE OF SUCH BONDS; AND PROVIDING OTHER MATTERS RELATING THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2672 to the Committee Meeting on June 5, 2012. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. XI. MAYOR\COUNCILMEMBER COMMENTS Councilman Bateman reported that the Southern Nevada Water Authority Advisory Group is working on establishing rates and developing a resource plan. He also noted that the Chamber of Commerce has asked him to appoint Bob Casner and Phil Ralston, and he is still searching for a third appointment, possibly from a homeowners association related field. Henderson City Council Regular Meeting Page 23 of 23 May 15, 2012 – Minutes XII. SET MEETING The Committee Meeting for June 5, 2012, was set for 6:45 p.m. XIII. ADJOURNMENT There being no further business to come before the Council, Mayor Hafen, in concurrence with the Council, adjourned the Regular Meeting at 8:49 p.m. PASSED AND ADOPTED THIS 5th DAY OF JUNE, 2012. ______________________ Andy Hafen Mayor ATTEST: _____________________ Stacey Brownfield, CMC Assistant City Clerk